State v. Komok

Facts

Joseph Komok (Defendant), age sixteen, and his fourteen-year-old sister went to Lamonts, a department store to look at clothing. They had no money with them. While in the men’s department, Defendant handed a baseball cap to his sister who then went to the girls’ clothing area. There, she picked up leggings and then returned to Defendant who was still in the men’s department. A nearby security manager observed the pair “looking around as if to see if there was someone watching them.” Shortly thereafter, Defendant’s sister concealed the cap, leggings, and a t-shirt under her sweatshirt while Defendant watched. Defendant’s sister then proceeded to leave the store without paying for the merchandise, but was stopped just beyond the store’s exit by the security manager. Defendant had remained in the men’s department. The security manager took both Defendant and his sister to the security office and called the police. At a juvenile court fact finding hearing, Defendant and his sister both testified that she had taken the merchandise on her own, even though Defendant told her not to do so. Defendant was convicted for aiding and abetting his sister’s shoplifting. There, the trial judge noted that Defendant “intended to deprive Lamonts of the property.” The court of appeals affirmed the conviction. Defendant appealed.